PART 2-A: CITATION - RULES 6-10 Flashcards
Where do we place citations to authorities that support a proposition?
Citations to authorities that support a proposition made in the main text are placed in footnotes. (Rule 6.1.)
Where do we place the footnote number in the body-text? Is this absolute?
A superscripted footnote number comes after any punctuation mark except a dash. (Rule 6.2.)
When do we place the footnote number within a sentence (ie. not directly after a punctuation mark)?
A footnote number should appear within the sentence next to the phrase the cited authority supports or contradicts if the authority supports or contradicts only that part of the sentence. (Rule 6.3.)
If an authority supports or contradicts the entire sentence, what must be done?
A footnote number should appear at the end of a sentence (i.e., after the punctuation) if the cited authority supports or contradicts the entire sentence. (Rule 6.4.)
May a footnote contain sentences?
Yes.
In addition to citation to authorities, a footnote may include textual sentences that are related to the main text to which the footnote is appended. (Rule 6.5.)
What is the rule when the footnote itself contains a statement requiring support or contradiction?
If a footnote itself contains a statement requiring support or contradiction, a citation to the relevant authority should appear directly after the statement as either a citation sentence or a citation clause. There are no actual footnotes within a footnote. Note that the said authorities are not enclosed in parentheses. (Rule 6.6.)
What is the rule for authorities that support or contradict an entire footnote sentence?
Authorities that support or contradict an entire footnote sentence are cited in a separate citation sentence immediately after the supported or contradicted sentence. The citation sentence starts with a capital letter and ends with a period. (Rule 6.7.)
What is the rule when only a part of the footnote sentence requires a citation?
Authorities that support or contradict only a part of a sentence within a footnote are cited in clauses which are set off by commas. These clauses immediately follow the part that they support or contradict. (Rule 6.8.)
What is the rule when: (1) the footnote serves primarily to back up a fact or argument asserted in the main text; and (2) when its purpose is merely to supplement or clarify the discussion in the main text?
If the footnote serves primarily to back up a fact or argument asserted in the main text, place the source before the quoted citation sentence to avoid confusion. However, if the primary purpose of the footnote is to supplement or clarify the discussion made in the main text, then the discussion or citation may be placed before the source. (Rule 6.9.)
When we cite a specific page in a footnote, do we use “p.”?
No.
When citing a page, do not use “p.”. Simply indicate the page number immediately after the reference. (Rule 7.1.)
Is the page number preceded by a comma?
As a general rule, the page number cited is not preced by a comma or any signal/symbol. However, as an exception, it shall be preceded by a comma and the word “at” when it is necessary to avoid confusion.
When necessary to avoid confusion or to indicate a page number, the reference is preceded by a comma and then the word “at”. Note that “at” precedes only page references; never footnote, section, or paragraph references. (Rule 7.2.)
What is the rule when citing multiple consecutive pages from a source?
When citing multiple page, section, paragraph or footnote references—but not article, chapter, and similar references—use commas to separate each reference. Articles (as used in a book, not as used in statutes) and chapters need not be referenced. When citing consecutive ones, use a dash and omit all but the last two digits, unless this would be confusing. (Rule 7.3.)
How do we write references to articles, chapters, or titles in statutes?
For articles, chapters, or titles, precede the references with “art.,” “ch.,” or “tit.,” respectively. Use the designations in the source. Refer to Table 8 for selected common abbreviations of statutory resources. (Rule 7.4.)
How do we cite statuts with several subdivisions (ie. those with multiple titles, chapters, or subdivisions such as the Revised Administrative Code, Labor Code, etc.)?
For statutes with several subdivisions, it is not necessary to include the title, chapter, or subdivision in the citation, as long as the specific article or section is correctly identified. Include reference to the subdivision only when necessary to avoid confusion. (Rule 7.6.)
How do we cite a Whereas clause?
Cite using “pmbl. ¶” since a “Whereas” clause is preambular in character.
Note, that for a law with only one preambule such as the constitution, it might not be necessary to include “¶” since it would only be superfluous.
Always preface preambular clauses with “pmbl.” “Whereas” clauses are preambular in character. (Rule 7.7.)
How do we cite sections? What if it has subsections?
For sections, precede the references with the section symbol (§) followed by a space. Use parentheses to refer to specific subsections, if necessary, following the designations in the source. There shall be no space between the section number and the subsequent subsections. note that the section symbol is never preceded by “at”, unlike page references. (Rule 7.8.)
How do we cite multiple sections in one law?
When referring to multiple sections, use two section (§§) symbols, then use commas. Use dashes for consecutive sections. (Rule 7.9.)
Use en dash to indicate range –
What is the rule when we cite multiple subsections for the same section of hte law?
When referring to multiple subsections in the same section, use a dash but enclose each subsection reference in parentheses. (Rule 7.10.)
How do we cite multiple subsections within a section?
Apply Rule 7.8. analogously when there are multiple subsections within a section. (Rule 7.11.)
When do we use the connector “to”?
While the general rule is we use the en dahs symbol “–” to indicate a range, an exception is the use of the connector “to.” The connector is used to avoid confusion.
When dashes would be confusing because the source designates hyphenated subsections, use the connector “to” instead. (Rule 7.12.)
How do we cite a specific paragraph?
Apply the same rules for paragraphs, using the paragraph (¶) symbol. The paragraph symbol is likewise never preceded by “at”, unlike page references. This rule alsso applies to “Whereas” and preambular clauses. (Rule 7.13.)
When are paragraph references commonly used?
Paragraph references are commonly used for Internet sources and documents with numbered paragraphs such as International Court of Justice decisions. When helpful, add a section or paragraph reference to make a page reference or references more specific. (Rule 7.14.)
How do we cite footnotes in another work?
For citing footnotes in another work, use a page reference and add “n.”, immediately followed by the footnote number without a space. Do not precede “n.” with a comma. Note that footnotes within the article itself are not using “n.”. (Rule 7.15.)
What is the rule when we need to cite a text on a page of another work and a footnote on that page?
When referring to both the text on a page of another work and a footnote on that page, place an ampersand between the page and the footnote reference. (Rule 7.16.)
How do we cite the text on a page of another work and an endnote on that page?
When referring to both the text on a page of another work and an endnote on that page, use an ampersand and cite the page on which the endnote is found. (Rule 7.17.)
How do we cite multiple footnotes in another work?
When referring to multiple footnotes in another work, use the rules for sections and paragraphs (Rules 7.6 – 7.12.). However, for multiple nonconsecutive footnotes, substitute an ampersand for the last comma, to avoid confusion when citing footnotes on different pages. (Rule 7.18.)
What is the rule when citing a figure or a table on a specific page?
When referring to specific material, add a descriptive abbreviation such as “fig.” or “tbl.” after the page or other reference. If this appears confusing, use a parenthetical remark. (Rule 7.19.)
In the body-text, how do we write articles or sections in statutes which refer to a particular portion?
Do not use section and paragraph symbols in the body text, unless what is cited customarily uses the said symbols (e.g., the United States Code). The words “article,” “section” and the like are capitalized and spelled out in the body text when referring to a particular portion. (Rule 7.20.)
What is a strong signal?
Strong Signal: A source cited in a footnote but not preceded by a signal must identify the source of a quotation or cited authority, or direcly support the proposition of the text. (Rule 8.1.)
What is a moderate signal?
Moderate Signal: A source preceded by “See” supports a proposition less directly, but clearly does so, either by inference or by drawing a parallel. It may also present a source that contains a broader discussion than what is stated in the proposition (Rule 8.2.)
What does “See e.g.” or “See, generally” mean?
“See, e.g.,” presents an example or examples that support the proposition. “See, generally,” presents a general reference for the proposition (Rule 8.3.)
When the source presents a contradictory position, how do we cite it?
“But see” presents a source that contradicts the proposition (Rule 8.4.)
What is a weak signal?
Weak Signal: “See also” indicates a source that indirectly supports the proposition, discusses material that in turn supports the proposition, or precedes additional supporting material (Rule 8.5.)
What are the different signals that we can use in the PLJ?
Limit use of signals to these simple, readily understood ones (See; See, e.g.; See, generally; But see”; “See also”). Avoid use, for example, of “c.f.”, which has been criticized as vague. Limit the use of parenthetical explanations of more tangential sources. (Rule 8.6.)
How do we use semicolons in the footnotes?
Use semicolons and periods in “citation sentences” as one would in an ordinary sentence.
Semicolons connect related sources in such a sentence. (Rule 8.7.)
How do you connect sources in the same citation sentence?
To connect sources in the same “citation sentence” with descriptive phrases such as “citing,” “cited by,” “quoting,” “quoted by,” “reversing,” “reversed by,” “partially reversing,” “partially reversed by,” “amending,” “amended by,” “repealing,” “repealed by,” and the like, place a comma after the first source, followed by the descriptive phrase and the second source. Use periods and/or semicolons to avoid confusion when using a number of sources and phrases in the same footnote.
When preceded by “Id.” place a comma after “Id.” and before the descriptive phrase: “Id., < descriptive phrase >” (Rule 8.8.)
How do you write citation sentences which compare sources?
Finally, one may connect sources with “Compare …, with” and “Compare …, with… and”. Use periods and/or semicolons to avoid confusion when using a number of sources and phraes in the footnote (Rule 8.9.)
What is the typeface for signals?
Italicize all signals. Omit the distinction in the Philippine Manual of Legal Citations between primary and secondary sources. (Rule 8.10.)
When do we use “Id.” and when do we use “Id. at”?
Use “id.” when refering to the immediately preceding source in the same foonote, or to the immediately preceding source in the immediately preceding footnote if the footnote cites only one source.
Use “id.” by itself to refer to the same specific point referred to in the preceding citation;
use “at” to refer to another page and a comma to refer to another section or paragraph.
Note that “id.” may be used to refer to decisions, but not to constitutions and statutes (Rule 9.1.)
When do we “supra” and when do we use “supra note”?
Use “< abbreviated name >, supra,” to refer to a previous source cited in the same footnote, and
”< abbreviated name >, supra note < number >,” to refer to a source cited in a previous footnote, or to a source in the immediately preceding footnote if it cites more than one source.
Note that “supra” is never used to refer to constitutions, statutes, or decisions (Rule 9.2.).
Can we use “supra” for Supreme Court decisions?
NO! “supra” is never used to refer to constitutions, statutes, or decisions (Rule 9.2.).
Can we use Latin words such as “Ibid” “op. cit.”?
No. Do not use other Latin words such as “ibid.” and “op. cit.” (Rule 9.3.)
What is the only instance that we use “p.” or “pp.” in our citations?
To refer to preceding pages, use “See supra pp. < page numbers >”. This is the only instance in which “p.” or “pp.” is used to indicate page numbers. (Rule 10.1.)
Example
See supra pp. 10–13.
Note that en dash has no space in footnotes
How do we refer to preceding footnotes?
To refer to preceding footnotes, use “See supra notes < numbers >” (Rule 10.2.)
Example
See supra notes 12–15 and accompanying text.
See supra text accompanying notes 20–21.
How do you refer to preceding texts?
To refer to preceding text, use “See supra Part < number/s >” (Ruele 10.3.)
Example
See supra Part I.A.
How do we refer to succeeding pages, footnotes, or sections?
Use “infra” similarly to refer to succeeding pages, footnotes, or sections. (Rule 10.4.)
